DonR3 (Louisiana)
Posts: 1
Posts: 1
Posted:
I am a member of small Louisiana single family gated community which is covered by an HOA formed in early 2003. Our neighborhood grew quickly after inception, but was devastated by Hurricane Katrina in 2005. Since then we have had slow growth, and many of the original owners have sold out to other buyers. The original development company is still in control of the HOA. A formal HOA board of directors or acting committee has never been formed. The development company has lived up to it's duties, managing collection of dues, maintaining facilities, grass cutting, etc. However that is about all that is happening. There has been little to no visibility of funds usage, cost of operation, how architectural decisions are being made, enforced, etc. Out of 43 lots, we have about 17 homes, 2 in recent years, and 14 undeveloped lots, and 12 more still owned by the original builder. Of those who have homes built, we have all rebuilt from Katrina, have our neighborhood looking pretty good, and would like to see our little community move to the next level of living quality, with such things as decorating for holidays, beautification work around the neighborhood, social events, etc. Additionally, we would like to see better visibility to the budget, fund collection, expenses, rule enforcement, etc. In order to look into options, I sent notices out to all homeowners, and sponsored a gathering of the neighbors to discuss the issues. We had good attendance, including the developer also. Most of the attendee's agreed the next best steps were to move towards turnover of duties to the HOA. The builder is in support of this also. Questions:
1. Where do we get good info on how the turnover process is supposed to work? Especially to make it fair and equitable?
2. Is the turnover process best managed by a property attorney?
3. What is the norm for responsibility of dues for lots that a developer still owns, once turnover occurs? Our current CC&R doc exempts the "declarant" from paying dues for those lots, and we have concern if funds from dues will cover all expenses once turnover occurs.
4. We still have several lot owners which we have been unable to contact. Do we need to have confirmed notice to all lot owners, to hold and election?
5. Is it the norm to amend or revamp the CC&R doc as part of turnover? Or current document is focused very specifically on the “Declarant” perspective. Eventually we need the wording to be more focused on the HOA.
6. We currently do not have “ByLaws”. The only rules we have is the CC&R. Should we develop bylaws prior to turnover?
I could post more questions, but this is a lot. Let's see what the feedback brings..
Thanks in advance for your help..
1. Where do we get good info on how the turnover process is supposed to work? Especially to make it fair and equitable?
2. Is the turnover process best managed by a property attorney?
3. What is the norm for responsibility of dues for lots that a developer still owns, once turnover occurs? Our current CC&R doc exempts the "declarant" from paying dues for those lots, and we have concern if funds from dues will cover all expenses once turnover occurs.
4. We still have several lot owners which we have been unable to contact. Do we need to have confirmed notice to all lot owners, to hold and election?
5. Is it the norm to amend or revamp the CC&R doc as part of turnover? Or current document is focused very specifically on the “Declarant” perspective. Eventually we need the wording to be more focused on the HOA.
6. We currently do not have “ByLaws”. The only rules we have is the CC&R. Should we develop bylaws prior to turnover?
I could post more questions, but this is a lot. Let's see what the feedback brings..
Thanks in advance for your help..